Text: SSB03174 Text: SSB03176 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 6B.2A, Code Supplement 1999, is amended 1 2 by adding the following new subsection: 1 3 NEW SUBSECTION. 4. If the acquiring agency is a person 1 4 required to obtain a franchise under chapter 478, compliance 1 5 with section 478.2 satisfies the requirements of this section. 1 6 Sec. 2. Section 6B.2B, Code Supplement 1999, is amended by 1 7 adding the following new subsection: 1 8 NEW SUBSECTION. 3. If the acquiring agency is a person 1 9 required to obtain a franchise under chapter 478, compliance 1 10 with sections 478.2 and 478.6 satisfies the requirements of 1 11 this section. 1 12 Sec. 3. Section 6B.45, Code Supplement 1999, is amended by 1 13 adding the following new unnumbered paragraph: 1 14 NEW UNNUMBERED PARAGRAPH. A utility or person under the 1 15 jurisdiction of the utilities board of the department of 1 16 commerce, or any other utility conferred the right by statute 1 17 to condemn private property, may obtain a written waiver 1 18 signed by the owner to allow negotiations prior to the 1 19 expiration of the thirty-day waiting period. 1 20 Sec. 4. Section 478.2, unnumbered paragraphs 2 and 5, Code 1 21 1999, are amended to read as follows: 1 22 As conditions precedent to the filing of a petition with 1 23 the utilities board requesting a franchise for a new 1 24 transmission line, and not less than thirty days prior to the 1 25 filing of such petition, the person, company, or corporation 1 26 shall hold informational meetings in each county in which real 1 27 property or rights will be affected. A member of the board, 1 28 the counsel of the board, or a hearing examiner designated by 1 29 the board shall serve as the presiding officer at each meeting 1 30and, shall present an agenda for such meeting which shall 1 31 include a summary of the legal rights of the affected 1 32 landowners, and shall distribute and review the statement of 1 33 individual rights required under section 6B.2B.NoA formal 1 34 record of the meeting shall not be required. 1 35 The notice shall set forth the name of the applicant; state 2 1 the applicant's principal place of business; state the general 2 2 description and purpose of the proposed project; state the 2 3 general nature of theright of wayright-of-way desired; state 2 4 the possibility that the right-of-way may be acquired by 2 5 condemnation if approved by the utilities board; provide a map 2 6 showing the route of the proposed project; provide a 2 7 description of the process used by the utilities board in 2 8 making a decision on whether to approve a franchise or grant 2 9 the right to take property by eminent domain; advise that the 2 10 landowner has the right to be present at such meetings and to 2 11 file objections with the utilities board; designate the place 2 12 and time of the meeting; be served not less than thirty days 2 13 prior to the time set for the meeting by certified mail with 2 14 return receipt requested; and be published once in a newspaper 2 15 of general circulation in the county at least one week and not 2 16 more than three weeks before the time of the meeting and such 2 17 publication shall be considered notice to landowners whose 2 18 residence is not known. 2 19 Sec. 5. Section 478.6, unnumbered paragraph 2, Code 1999, 2 20 is amended to read as follows: 2 21 Where a petition seeks the use of the right of eminent 2 22 domain over specific parcels of real property, the board shall 2 23 prescribe the notice to be served upon the owners of record 2 24 and parties in possession ofsaidthe property over which the 2 25 use of the right of eminent domain is sought. The notice 2 26 shall include the statement of individual rights required 2 27 pursuant to section 6B.2B. 2 28 EXPLANATION 2 29 This bill amends provisions of the Code relating to 2 30 condemnation of property by a utility. 2 31 Code section 6B.2A is amended to provide that the 2 32 requirement of notice of an informational meeting when a 2 33 utility is condemning property for construction of an electric 2 34 transmission line is deemed to satisfy the public improvement 2 35 notice requirements of eminent domain. 3 1 Code section 6B.2B is amended to provide that the 3 2 requirement that an acquiring agency negotiate in good faith 3 3 and provide the landowner with a statement of individual 3 4 rights is satisfied by the notice, public meeting, and hearing 3 5 requirements of a utility condemning property for construction 3 6 of an electric transmission line. The bill makes 3 7 corresponding amendments to Code sections 478.2 and 478.6 to 3 8 add the statement of individual rights to the information to 3 9 be mailed with the notice to the landowner by the utility and 3 10 to be provided at the informational meeting held on the 3 11 project. 3 12 The bill also amends Code section 478.2 to require that the 3 13 notice of informational meeting provide a description of the 3 14 process followed by the utility when granting a franchise or 3 15 condemning property and state the possibility that the right- 3 16 of-way may be acquired by condemnation. 3 17 The bill also amends Code section 478.6 to require that the 3 18 statement of individual rights be mailed to each landowner 3 19 along with the notice of hearing on condemnation required by 3 20 that section. 3 21 Code section 6B.45 is amended to allow a utility to obtain 3 22 a written waiver from the landowner allowing the utility to 3 23 negotiate with the landowner prior to expiration of the 30-day 3 24 period after information on the utility's method of appraisal 3 25 is mailed to the landowner. 3 26 LSB 6712XC 78 3 27 sc/cf/24
Text: SSB03174 Text: SSB03176 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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